Family Violence Act 2004
13Sentencing factors
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13 Sentencing factors
When determining the sentence for a family violence offence, a court or a judge –
(a) [Section 13 Amended by No. 21 of 2022, s. 6, Applied:30 Jun 2024] is to consider any of the following to be an aggravating factor:
(i) the fact that the offender knew, or was reckless as to whether, a child was present or on the premises at the time of the offence;
(ii) the fact that the offender knew, or was reckless as to whether, the affected person was pregnant;
(iii) the fact that the offender is a serial family violence perpetrator; and
(b) must take into account the results of any rehabilitation program assessment undertaken in respect of the offender and placed before the court or judge.